Vedder Price is pleased to announce that a number of our London attorneys and our Global Transportation Finance team have been ranked by Chambers UK in 2020.

Asset Finance: Aviation Finance – UK-wide

Practice Group Ranking: Band 2

Attorney Rankings:

• Gavin Hill – Band 2
• Neil Poland – Band 2
• Dylan Potter – Band 4
• Derek Watson – Band 4
• Alexander Losy – Associates to Watch

For the complete rankings in this category, please click here.

Employment: Employer – London (Firms)

Attorney Rankings:

• Jonathan Maude – Recognised Practitioner
• Esther Langdon – Associates to Watch

For the complete rankings in this category, please click here.

Chambers & Partners is a notable resource for the legal profession and has built a reputation for in-depth, objective research. Chambers conducts thousands of interviews with lawyers and their clients worldwide to identify and rank the world's best lawyers according to the criteria most valued by clients—such as technical knowledge, business acumen, prompt delivery and value. On the basis of this research, Chambers ranks both firms and individual attorneys around the world.

Click here to view the firm’s Chambers UK profile.

Vedder Price is pleased to announce that Eric R. McDonough has joined the firm as a Commercial Litigation Shareholder in the Los Angeles office. Mr. McDonough joins from Seyfarth Shaw LLP, where he was a partner and served as Chair of the Los Angeles litigation department.

Mr. McDonough focuses his practice on business and commercial litigation. He has extensive experience in trade secrets litigation and restrictive covenant claims, technology disputes, unfair competition disputes, real estate litigation, products liability and tort litigation, insurance bad faith and ERISA litigation.

Mr. McDonough has experience in all phases of civil discovery, pre-trial, trial and post-trial litigation and has defended a number of complex litigation matters in California and before the California Court of Appeal and the Ninth Circuit Court of Appeals.

“I’m excited to offer my clients access to Vedder’s extensive resources and platform,” said Mr. McDonough. “Their commercial client representation in the corporate finance, global transportation and capital markets sectors was a huge draw for me and I look forward to building out a substantial practice in Los Angeles with my new colleagues.”

“Eric’s commercial litigation experience combined with his overall demeanor and enthusiasm for growing our litigation practice on the west coast makes him a strong fit for the firm and our clients,” said Randall M. Lending, Chair of the firm’s Litigation practice area. “We are thrilled to have him on board.”

Mr. McDonough earned his B.A. from the University of California, Berkeley and his J.D. from Santa Clara University School of Law. He began his legal career as an associate at Ropers, Majeski, Kohn & Bentley before his nearly 20 years at Seyfarth Shaw.

Vedder Price Labor and Employment attorneys Amy Bess, Sadina Montani and Meg Inomata were recently honored at the Community of Hope’s Night of Hope: Voices of Our City annual celebration on October 3 in Washington, DC. Ms. Bess, Ms. Montani and Ms. Inomata received the Tom Nees Award for Exceptional Service, which recognizes long-standing, deeply-impactful service to Community of Hope and the women, men and children who turn to the organization for help.

Community of Hope is a non-profit organization based in Washington, DC. Its mission is to create opportunities for low-income families in Washington, DC, including those experiencing homelessness, to achieve good health, a stable home, family-sustaining income, and hope. Named in honor of Community of Hope’s founder, Tom Nees, recipients of the award have displayed a commitment to the organization’s goals and significantly given back to those most in need within the Washington, DC community.

“It is an honor to be recognized by such an outstanding organization that fights to improve the lives of Washingtonians,” said Ms. Bess. “Community of Hope provides much-needed support to those in need in our community. It is extremely rewarding and gratifying to support Community of Hope’s work in the community behind the scenes,” added Ms. Montani. Ms. Inomata concluded, “I’m honored to be recognized along with two exceptional female leaders of our firm and in our community who are helping to advance Community of Hope’s mission.”

To read more about Community for Hope, click here.

Vedder Price is pleased to announce that Litigation Shareholder Michelle L. Landry has been named a Co-Chair of the firm’s WAVES: Women at Vedder Empowering Success affinity group. Her primary responsibility will be to lead WAVES initiatives in the firm’s San Francisco office.

The WAVES mission is to support the firm’s women attorneys in developing the skills and strategies to be successful in their practices, at the firm and in the community. According to Diversity Committee Chair, Jeanah Park, “Michelle is a terrific example of an accomplished female leader and has made an immediate impact since joining the firm in March. We are excited for the fresh perspective she will bring to our diversity and WAVES initiatives.”

Ms. Landry focuses her practice on prosecuting and defending complex civil litigation across a wide array of industries for individuals, partnerships, LLCs, and private and publicly traded companies. She has represented clients in breach of contract, fraud, breach of fiduciary duty, unfair business practices, commercial lease disputes, trademark and trade secrets, defamation and invasion of privacy cases, price-fixing and RICO. Ms. Landry has substantial trial experience and has arbitrated in all major arbitration venues, including JAMS, AAA and NASD (now FINRA).

“I’ve always believed that diversity and inclusion are key drivers of a business’s growth and success,” said Ms. Landry. “I’m excited to lead the WAVES initiative in San Francisco and look forward to working with the Diversity Committee to help our women develop meaningful relationships through mentoring and business development opportunities.”

Vedder Price endeavors to provide women with the means to create waves in the legal profession and make a meaningful impact in their professional careers. To learn more about the firm’s WAVES program, click here.

The Department of Homeland Security (DHS) has established a mandatory Internet-based electronic registration process for employers seeking to file H-1B petitions for beneficiaries that may be counted under the regular cap or advanced degree exception. The new regulations, as proposed in January 2019, will go into effect for the 2021 Fiscal Year, though further delay is possible. This means that for the upcoming H-1B Cap season, companies will be required to register their company and the intended beneficiary online with U.S. Citizenship and Immigration Services (USCIS). DHS has proposed a $10 fee for each electronic registration. The registration process is not required for cap-exempt H-1B petitions.

While the process is new, the federal regulations provide a good idea of what the process may look like. The registration period will begin at least 14 calendar days before the first day of filing in each fiscal year. As the first filing date is on April 1, 2020 for the upcoming fiscal year, the registration period will open no later than March 18, 2020. The Registration period will be announced to the public at least 30 days before it opens, or by February 17, 2020. The results of the selection will be communicated to registrants and their counsel at the completion of the selection process.

USCIS will conduct a random selection of all of the registrations received during the initial registration period. The number of registrations selected will be greater than the 85,000 visas allotted each year—the actual number selected will be based upon historical data. The number selected is generally between 95,000–100,000 and accounts for denials, rejected petitions, and the likelihood of some employers to change their minds and not file a petition. In the unlikely event that insufficient registrants are received during the initial period to fill the fiscal year quota, USCIS will open an additional period. If sufficient registrations are received during the initial period to fill the quota, but additional visas become available later in the year, unselected registrants from the initial period will remain on reserve for the applicable fiscal year. However, unselected registrants will not carry over to the next fiscal year; employers will be required to re-register for unselected beneficiaries the following year.

During the initial registration period, the beneficiary’s start date must be October 1, 2020 (the first business day of the fiscal year). An employer will only be allowed to register once per beneficiary to prevent abuse of the system. Further, the registration will include an attestation by the employer that they intend to file an H-1B petition for the listed beneficiary. Multiple prospective beneficiaries cannot be listed on a single registration and employers cannot edit a registration once it has been received by the USCIS.

The registration process will require the company to provide the following information: (a) the employer’s name, FEIN and mailing address; (b) the employer’s authorized representative’s name, job title and contact information; (c) the beneficiary’s full name, date of birth, country of citizenship, gender and passport number; (d) if the beneficiary has obtained a master’s or higher degree from a U.S. institution; and (e) information regarding the employer’s attorney.

If a registrant is selected, USCIS will notify that registrant and his or her attorney (if applicable) that the employer is eligible to file an H-1B cap-subject petition on behalf of the named beneficiary within the designated filing period. The notice of selection will indicate a filing location and the designated filing period during which the H-1B petition must be filed, and provide instructions on how to file the petition. Employers will be provided a period of at least 60 days to properly file a completed H-1B cap-subject petition for the named beneficiary. For example, the filing period may run from April 1 to May 30, from May 1 to June 30, or other 60-day period as determined by USCIS that allows them to efficiently process the cap-subject petitions before the requested start date. Employers will not be permitted to substitute beneficiaries. A selected registrant who does not file a petition on behalf of the named beneficiary within the assigned time frame will forego the eligibility to file during the active fiscal year.

The process as detailed above does portend some significant changes. Most significantly, employers may now wait until they have been notified of selection before submitting a Labor Condition Application to the Department of Labor and preparing the corresponding H-1B petition on behalf of the beneficiary named in the selected registration. This should mean a more cost-effective H-1B Cap season for employers, as well as an H-1B cap season with more certainty, as employers will be able to better predict, earlier in the process, how many H-1B employees they are likely to be able to employ in the coming fiscal year. Employers are encouraged to contact immigration counsel to determine a satisfactory timeline for the preparation and execution of planned H-1B cap-subject petitions.

Bottom line, it is important for H-1B employers to be aware of this new process and to understand the implications it will have on their future use of the H-1B visa program.

If you have any questions regarding the topics discussed in this article, any other immigration matter, or employer compliance issues, please contact Sara B. DeBlaze +1 (312) 609-7534, Ryan M. Helgeson +1 (312) 609-7729, or any Vedder Price attorney with whom you have worked.

In this issue:

• SEC Staff Issues Guidance on Improving Fund Principal Risks Disclosure
• SEC Staff Announces Rule 14a-8 No-Action Request Process Changes
• OCIE Releases Risk Alert Relating to Principal Transaction and Agency Cross Trade Compliance Issues
• SEC Issues Proxy Voting Guidance
• SEC Charges Two Advisers with Fiduciary Duty Breaches for Failing to Disclose Conflicts of Interest Relating to the Receipt of Compensation from Client Investments in Mutual Funds
  
  

Download the Investment Services Regulatory Update below. 

Please join us at the following session designed for in-house counsel and human resource professionals, led by the Labor & Employment attorneys of Vedder Price. At this complimentary session, we will discuss important legal updates and labor and employment best practices.

Event Details

Wednesday, October 23 | 8:30 a.m. - 12:00 p.m. (ET)

Newseum | Washington, DC
555 Pennsylvania Ave NW, Washington, DC 20001

Breakfast provided; Lunch to follow from 12:00 p.m. - 1:00 p.m.

Who should attend: This event is intended for in-house counsel and human resource professionals.

 
Agenda Topics

DC Paid Family Leave: The Time to Prepare is Now!

When Your Workforce Works Remotely - Challenges, Strategies, and Practical Solutions

Mental Health Issues at Work: FMLA/ADA Compliance

Cybersecurity: What You Need to Do Now to Protect Your Workplace Data

Marijuana in the Workplace

Making Workplace Culture Change Stick

CLE & HRCI Credit

Vedder Price is an accredited CLE provider in California, Illinois, and New York; and, when possible, a sponsor in Virginia.

The use of this seal confirms that this activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

To learn more about other 2019 Vedder Works seminars and webinars, please click here.

You are invited to join us for a complimentary one-hour webinar program designed for in-house counsel and human resources professionals, led by employment attorneys at Vedder Price, to discuss new California employment laws and recent case law developments.

The California legislature has introduced nearly one dozen new employment-related laws during the 2019 legislative session that are scheduled to be finalized by no later than September 13 and submitted to Governor Newsom for consideration. The Governor will have 30 days thereafter to decide whether to veto any of these bills; otherwise, they will become new laws effective January 1, 2020. These new employment laws, together with recent court decisions, impose new compliance challenges on employers in California. Employers are encouraged to attend to learn about the impact of the new laws in time to review their policies and practices prior to the start of the new year.

This webinar will provide an overview of the most notable changes coming in 2020 and a review of significant employment cases from 2019.

**You will be notified of the topics for the webinar in mid-October, once the final legislative bills are decided on by Governor Newsom.**

Event Details

Wednesday, October 30 | 10:00 a.m. - 11:00 a.m. (PT)
Online seminar

Who should attend: This event is intended for in-house counsel and human resource professionals.

CLE & HRCI Credit

Vedder Price is an accredited CLE provider in California, Illinois, and New York; and, when possible, a sponsor in Virginia.

This program will be submitted to the HR Certification Institute for review in October, once our agenda is finalized.